Patna High CourtCR. MISC./88129/2024bail granted

Sabo Devi v. The State Of Bihar

2025-01-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88129 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- Chhaudahi District- Begusarai ====================================================== Sabo Devi Son of Late Ram Bilash Sahni Resident of Village - Maheshpura Dumari, Ward No.3, P.S. - Chhaurahi, District - Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chhaurahi P.S. Case No. 140 of 2024, instituted for the offences punishable under Sections 30(a)(c)(d) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 15 liters liquor was recovered from the hut of the petitioner and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.88129 of 2024(2) dt.08-01-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the alleged recovery of liquor has been made from an open hut which does not belong to the petitioner. The petitioner is in custody since 31.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chhaurahi P.S. Case No. 140 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T